The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005

Statutory Instruments

2005 No. 2414

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005

Made

29th August 2005

Laid before Parliament

2nd September 2005

Coming into force

1st October 2005

The Secretary of State for Health in relation to England, and the National Assembly for Wales in relation to Wales, in exercise of the powers conferred by sections 11(1), (2) and (4) of, and paragraph 9(7)(b) of Schedule 5 to, the National Health Service Act 1977 M1 , and now vested in them and of all other powers enabling them in that behalf hereby make the following Order:

Marginal Citations

M1 1977 c. 49; section 11 was amended by section 2(1) of, and paragraph 2 of Schedule 1 to, the Health Authorities Act 1995 (c. 17) (“the 1995 Act”) and section 65 of, and paragraphs 4 and 6 of Schedule 4 to, the Health Act 1999 (c. 8) (“the 1999 Act”); sub-paragraph (7) was inserted in paragraph 9 of Schedule 5 by section 1 of, and paragraph 7(2) of Schedule 1 to, the National Health Service and Community Care Act 1990 (c. 19) and amended by section 2(1) of, and paragraph 60(b) of Schedule 1 to, the 1995 Act and section 1(3) of, and paragraphs 1, 34(1) and (3)(b) of Schedule 1 to, the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”). The functions of the Secretary of State under these provisions are, so far as exercisable in relation to Wales transferred to the National Assembly for Wales by article 2(a)of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672 (“the 1999 Order”); see the entry in Schedule 1 of the 1999 Order for the National Health Service Act 1977, as amended by section 66(4) and (5)(a) of the 1999 Act, section 67(1) of, and paragraph 12(1) and (3) of Schedule 5 to, the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”) and section 196 of, and Part 4 of Schedule 14 to, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) on a date to be appointed.

Citation, commencement and interpretation E+W

1.—(1) This Order may be cited as the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 and shall come into force on 1st October 2005.

(2) In this Order—

“the Act” means the National Health Service Act 1977;

“appropriate authority” means—

(a)

in relation to England, the Secretary of State, and

(b)

in relation to Wales, the National Assembly for Wales;

“the Authority” means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) established by this Order;

“the European Health Insurance Card” means the European Health Insurance Card established pursuant to Regulation (EC) No 631/2004;

“the NHS Bursary Scheme” means the NHS Bursary Scheme established pursuant to section 63 of the Health Services and Public Health Act 1968; and

[F1 “NHS Injury Benefits Scheme” means any scheme making provision for benefits for health staff in respect of injury or disease and established pursuant to section 10 of the Superannuation Act 1972, but excluding any scheme making provision for the early payment of a pension, allowance or gratuity in respect of ill-health;]

[F2 “the NHS Pension Scheme” means any scheme making provision for pensions, allowances, gratuities or compensation for premature retirement for health staff and established pursuant to section 10 or section 24 of the Superannuation Act 1972, but excluding the NHS Injury Benefits Scheme;]

[F1 “orthodontic appliance” means a device used in the mouth to move or immobilise the teeth in order to correct or prevent malocclusion;]

[F1 “orthodontic treatment” means treatment of, or treatment to prevent, malocclusion of the teeth and jaws, and irregularities of the teeth;]

[F1 “personal dental services agreements” means agreements made under section 28C of the Act for the provision of primary dental services;]

[F1 “relevant primary dental services” means services provided under—

(a)

[F3 section 56(2) of the National Health Service (Wales) Act 2006;]

(b)

a general dental services contract; or

(c)

a personal dental services agreement;]

[F4 “the Social Care Bursary Scheme” means the Social Care Bursary Scheme established pursuant to section 67(4)(a) of the Care Standards Act 2000;]

[F1 “specified” means specified in directions;]

[F1 “treatment” means all proper and necessary dental treatment which a provider of relevant primary dental services usually undertakes for a patient and which the patient is willing to undergo, including examination, diagnosis, advice on and planning of treatment, preventive care and treatment, periodontal treatment, conservative treatment, surgical treatment, the supply and repair of dental appliances and orthodontic appliances, orthodontic treatment, the taking of radiographs, the provision of sedation in connection with such treatment, the supply of listed drugs and the issue of prescriptions whether or not provided on referral to the provider of relevant primary dental services.]

Textual Amendments

F1 Words in art. 1(2) inserted (1.4.2006) by The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) (Amendment) Order 2006 (S.I. 2006/632), arts. 1(1), 2(a)

F2 Words in art. 1(2) substituted (1.4.2006) by The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) (Amendment) Order 2006 (S.I. 2006/632), arts. 1(1), 2(b)

F3 Words in art. 1(2) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 87(2)

F4 Words in art. 1(2) inserted (18.5.2007) by The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Amendment Order 2007 (S.I. 2007/1201), arts. 1(1), 2

Establishment of the Authority E+W

2.  There is hereby established a Special Health Authority which shall be known as the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG).

[F5 Functions of the Authority E+W

3.   Subject to and in accordance with such directions as the appropriate authority may give to the Authority, the Authority shall perform such functions in connection with—

(a) the administration of—

(i) schemes relating to the provision of assistance with NHS charges;

(ii) the European Health Insurance Card;

(iii) the NHS Bursary Scheme in England;

(iv) the NHS Injury Benefit Scheme; F6 ...

(v) the NHS Pension Scheme; [F7 and]

[F8 (vi) the Social Care Busary Scheme in England;]

(b) the assessment of the performance of dentists providing services under general dental services contracts and personal dental services agreements;

(c) assisting

(i) the Secretary of State in relation to specified Department of Health [F9 and Social Care] programmes; and

(ii) specified Special Health Authorities in the exercise of their functions,

by the provision of business services and facilities and the supply of staff;

(d) the collation and provision of information about relevant primary dental services, pharmaceutical services and local pharmaceutical services;

(e) the development and promotion of arrangements for the clinical governance of services provided under general dental services contracts and personal dental services agreements;

(f) examining, checking and pricing of prescriptions for drugs, listed drugs, medicines and listed appliances supplied as part of pharmaceutical services or local pharmaceutical services;

[F10 (fa) the examining, checking and pricing of any drug, medicine or appliance (other than a Scheduled drug, within the meaning of [F11 the National Health Service (General Medical Services Contracts) (Consolidation) Regulations 2015]) provided for the purposes of immediate treatment or personal administration as part of the provision of primary medical services under Part 4 of the National Health Service Act 2006;]

(g) the maintenance of records in respect of vocational training numbers allocated in England to dentists under regulation 5A of the National Health Service (General Dental Services) Regulations as they had effect on 31^st March 2006;

F12 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) the processing of payments to providers of goods or services, (or both), to the health service;

(l) the procurement and supply of products and services for the purposes of the health service in England;

(m) the provision of documentation relating to general dental services contracts and personal dental services agreements to the providers of those services;

(n) refunding payments made in respect of charges for treatment for relevant primary dental services;

F15 (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p) specified functions in relation to the rights and responsibilities of [F16 the National Health Service Commissioning Board] under general dental services contracts or personal dental services agreements; and

(q) such other functions

as the appropriate authority may direct.]

Textual Amendments

F5 Art. 3 substituted (1.4.2006) by The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) (Amendment) Order 2006 (S.I. 2006/632), arts. 1(1), 3

F6 Word in art. 3(a)(iv) omitted (18.5.2007) by virtue of The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Amendment Order 2007 (S.I. 2007/1201), arts. 1(1), 3(a)

F7 Word in art. 3(a)(v) inserted (18.5.2007) by The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Amendment Order 2007 (S.I. 2007/1201), arts. 1(1), 3(b)

F8 Art. 3(a)(vi) added (18.5.2007) by The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Amendment Order 2007 (S.I. 2007/1201), arts. 1(1), 3(c)

F9 Words in art. 3(c)(i) inserted (11.4.2018) by The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018 (S.I. 2018/378), art. 1(2), Sch. para. 20(j) (with art. 14)

F10 Art. 3(fa) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 87(3)(a)

F11 Words in art. 3(fa) substituted (7.12.2015) by The National Health Service (General Medical Services Contracts) Regulations 2015 (S.I. 2015/1862), reg. 1(2), Sch. 4 para. 3 (with reg. 2)

F12 Art. 3(h) omitted (1.11.2017) by virtue of The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) (Amendment) Order 2017 (S.I. 2017/959), arts. 1(b), 2

F13 Art. 3(i) omitted (1.11.2017) by virtue of The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) (Amendment) Order 2017 (S.I. 2017/959), arts. 1(b), 2

F14 Art. 3(j) omitted (1.11.2017) by virtue of The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) (Amendment) Order 2017 (S.I. 2017/959), arts. 1(b), 2

F15 Art. 3(o) omitted (1.11.2017) by virtue of The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) (Amendment) Order 2017 (S.I. 2017/959), arts. 1(b), 2

F16 Words in art. 3(p) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 87(3)(b)

Constitution of the Authority E+W

4.— [F17 (1)] The Authority shall consist of—

(a) a chairman;

(b) not less than two and not more than [F18 five] members who are not officers of the Authority in addition to the chairman; and

(c) not more than [F19 six] members who are officers of the Authority including the persons who for the time being hold the office of chief executive and director of finance.

[F20 (2) The members mentioned in paragraph (1)(b) above shall include a person with particular experience suited to the interests of Wales.]

Textual Amendments

F17 Art. 4(1): art. 4 renumbered as art. 4(1) (1.4.2006) by The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) (Amendment) Order 2006 (S.I. 2006/632), arts. 1(1), 4(1)

F18 Word in art. 4(1)(b) substituted (1.4.2006) by The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) (Amendment) Order 2006 (S.I. 2006/632), arts. 1(1), 4(2)(a)

F19 Word in art. 4(1)(c) substituted (1.4.2006) by The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) (Amendment) Order 2006 (S.I. 2006/632), arts. 1(1), 4(2)(b)

F20 Art. 4(2) added (1.4.2006) by The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) (Amendment) Order 2006 (S.I. 2006/632), arts. 1(1), 4(3)

Remuneration of members E+W

5.  The Authority is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the Act (definition of “ relevant authority” for the purposes of paying remuneration to members of certain Special Health Authorities).

Signed by authority of the Secretary of State for Health

Jane Kennedy

Minster of State,

Department of Health

M2 Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998

D. Elis-Thomas

The Presiding Officer of the National Assembly

Marginal Citations

M2 1998 c. 38.

Explanatory Note

(This note is not part of the Order)

This Order provides for the establishment and constitution of a Special Health Authority, to be known as the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (“the Authority”), to exercise functions, in England and Wales, in connection with the processing of payments made to providers of goods and services to the health service, the development of, and planning for the coordination of, business and regulatory services within specified parts of the health service and such other functions as, in relation to England, the Secretary of State and, in relation to Wales, the National Assembly for Wales may direct it to perform.

Article 2 of the Order establishes the Authority, the functions of which are described in article 3 and are to be specified more particularly in directions given by the Secretary of State, in relation to England, and the National Assembly for Wales, in relation to Wales. Provision is also made for the constitution of the Authority (article 4) and for the remuneration of its members (article 5).